One of two footballers accused of raping a woman yesterday told a court they had been flirting and kissing earlier during a night out.

David Robertson also said he and Denise Clair were drunk by the time they left to go to a flat but she was not slurring her words and didn’t stagger or fall.

Denise is suing Robertson and former Scotland striker David Goodwillie for damages.

She says they raped her in the early hours of January 2, 2011, while she was too drunk to consent. They say she consented but neither was prosecuted, reports the Daily Record .

Robertson, 30, told the Court of Session in Edinburgh yesterday that he was in the Glenmavis Tavern in Bathgate, West Lothian, on the previous evening with friends when they were joined by Goodwillie and a cousin. Denise and a female friend were also in the bar.

Denise Clair who is suing the two footballers (Image: Sunday Mail)

Asked by his QC, Roddy ­McIlvride, about his interaction with Denise during the evening, Robertson said they had been “flirty and kissing”.

He added: “My understanding was that things would progress and probably lead to sex.”

He said it was “kind of touchy-feely” between them and she told him he looked better than used to.

He said he had told her he had a girlfriend and she turned around as if she was annoyed, but said: “Who am I kidding that I really care?”

David Goodwillie (Image: Daily Record)

“She asked who David was. I told her he was a team-mate of mine, then she said ‘He is quite good looking.’”

Robertson and Goodwillie, both then playing for Dundee United, left Chalmers nightclub in Bathgate with Denise and the other woman.

Denise was drunk but was not slurring her words, Robertson told the court, adding: “I never saw her fall over or stagger.”

Simon Di Rollo QC, for Denise, showed Robertson footage from the club and asked if she looked sober to him. He replied: “She looks like she has had a drink.”

Robertson said he could not remember comforting her or her crying and, under questioning from Mr Di Rollo, said he did not remember her tights being ripped.

Robertson said a friend had given him a key to a flat in Armadale but the second woman didn’t want to go with them.

So he, Goodwillie and Denise took a taxi to the flat. He said she walked from the taxi to the door of the flat, adding: “She never fell over. She never staggered.”

Robertson said they all went into the living room and when he asked Denise if she wanted to go to a bedroom, she said yes.

He claimed they began ­sexually touching each other and when Goodwillie walked in and asked her if she was OK with him being there, she said she was fine.

The Court of Session Edinburgh (Image: Daily Record)

Robertson said Goodwillie sat on the side of the bed and Denise touched him before carrying out a sex act on him.

Robertson said he had sex with Denise but he stopped in response to a request from her.

He said that before leaving the room he asked Denise and ­Goodwillie if they were both all right and was told yes.

He briefly went back into the bedroom and they were kissing, Robertson said.

Asked by Mr McIlvride if Denise had fallen asleep at any stage, he replied: “No,” and said she was able to speak coherently. Mr McIlvride said: “Was her speech slurred in any way?” He said: “No.”

The counsel asked: “Did she appear to be capable to you of making her wishes known to you?” He responded: “She did.”

Mr McIlvride then said: “If she had not consented to sex would you have had sexual intercourse with her?”

Robertson, who now plays for Cowdenbeath, answered: ­“Definitely not.”